How to Win Against Midland Funding LLC in a Debt Lawsuit

Midland Funding LLC is one of the most ruthless debt buyers out there, and if you fall behind on your loan payments, they’ll be quick to file a lawsuit against you in an attempt to force you to pay up what you owe. A lot of people feel intimidated when they first receive notice that Midland Funding has taken legal action against them and worry that they’re doomed if they don’t handle the situation correctly.

What is Midland Funding LLC?

The corporation Midland Funding LLC is a fully-owned subsidiary of Encore Equity.

It wouldn't be your fault if you were unaware of Midland Funding LLC.

If you owe a consumer debt of any kind, you almost certainly dealt with a different business.

Simply purchasing consumer debt from other businesses and suing the debtors to recover payment is Midland Funding LLC's area of expertise.

Similar to many debt collection agencies, Midland Funding operates under the business model of buying consumer debt for about three cents on the dollar. Then, by suing the consumer and forcing them to settle the entire debt, you can make a tidy profit.

The next element of the business plan is Midland Funding's anticipation that the clients it sues will not respond to the lawsuit or otherwise appear in court, which actually occurs 90% of the time.

When that occurs, Midland Funding requests what is known as a "civil claim," which means that it has won the case against the consumer because the consumer failed to appear in court.

The default judgement will then be used by Midland Funding to seize the consumer's bank accounts or garnish their wages. Make sure you attend court; do not allow Midland Funding to subject you to that.

Understand the basics of debt lawsuits

A debt lawsuit is when one party sues another for money owed. The difference between this type of lawsuit and other types of lawsuits is that the plaintiff is not seeking damages but rather money owed. There are two ways you can be sued by Midland Funding LLC:

(1) they can file a complaint against you,

(2) you can be served with papers from an existing case. When served with papers from an existing case, it will most likely say something like Midland Funding, LLC v.

Know your rights

If you are sued by Midland, make sure you are aware of the rights that you have. You may be able to avoid this lawsuit if you do not owe the debt, or if the debt was discharged in bankruptcy. If you do owe the debt and want to settle out of court, try negotiating with Midland before it files suit against you.

Gather evidence

Midland Funding LLC is one of the most aggressive debt collectors in the country. They have filed more lawsuits than any other debt collector and have won more lawsuits than any other debt collector. Due to this, it may seem like there is no hope for those who are sued by them. However, after reviewing hundreds of their cases, we discovered that there are many things you can do to beat them and win your lawsuit.

Show up to court

One of the first steps to winning a lawsuit is showing up. No matter what, you have to show up at court on your scheduled trial date. If you miss your court date, the judge will most likely rule against you without even hearing your side of the story. This is especially true if it's not made clear that you had an excusable reason for missing court. The best thing you can do is show up and try your best.

As previously mentioned, a lot of businesses, including Midland Funding LLC, will sue a customer who owes a debt in the hopes that the customer won't reply. Be that customer instead. Call their bet by simply appearing in court to push back. Let SoloSuit assist you with your lawsuit response to Midland Funding LLC right away. You have a weapon at your disposal, and SoloSuit will make it simple for you to use it.

What is SoloSuit?

Responding to a lawsuit for debt collection is simple with SoloSuit.
How it functions: SoloSuit is a stage web application that prompts you with all the inquiries required to finish your response. After completing the forms, you have two options: print them out and submit the hard copies to the courts, or pay SoloSuit to file paperwork on your behalf and have an issue please it.

Hire an attorney

If you have been served with a lawsuit by Midland Funding LLC, the first thing you should do is hire an attorney. There are many things that go into winning against them, and if you don't know what you're doing, they will take advantage of that. Plus, having an attorney on your side can help make the process easier on you.

How to answer a lawsuit from Midland Credit Management

The first step in responding if Midland Credit Management sues you is to file a written answer.

The following are 6 suggestions for creating an answer:

The Answer isn't always the place to go into great detail about your side of the story: The burden of proof is not yours tobear at this point in the lawsuit. Giving a detailed explanation of your side of the story can severely weaken your lawsuitso avoid doing it. Simply address each allegation that was made against you in the Complaint document, and watch Midland struggle to meet its level of evidence.

Deny Deny: Most lawyers suggest that you deny however many of the cases against you as would be prudent. Denying is similar to saying, demonstrate it, so it expects Midland to accomplish more work to demonstrate their case.

Incorporate safeguards: You ought to remember a segment for your Response where you express your positive guards. These are realities you can raise that demonstrate Midland has no case (for example the obligation is past the legal time limit, the obligation is false, Midland harrassed you into taking care of the obligation, and so on).

Utilize standard arranging or "style": Your Response ought to be composed with standard textual style (for example Times New Roman or something almost identical) and look proficient. Most courts expect that you incorporate an inscription with the court's name, a title, and the case number.

Incorporate testament of administration: The declaration of administration is normally a little proclamation toward the finish of the record that guarantees the Response was shipped off the offended party's lawyer with the authority postage information that was utilized. A few courts have a particular structure you should finish up for administration.